E 

93 

Ss 


BANCROFT 
LIBRARY 

•«> 

THE  LIBRARY 

OF 

THE  UNIVERSITY 
OF  CALIFORNIA 


[No.  117 — Second  Series — 3000] 

INDIAN  RIGHTS  ASSOCIATION, 
995  DREXEL  BUILDING, 
PHILADELPHIA,  PA. 


A  PROBLEM  "OVER  HERE" 


BY  MATTHEW  K.ijSNIFFEN 

SECRETARY  OF  THE  INDIAN  RIGHTS  ASSOCIATION 


Washington  Office: 

S.  M.  BROSIUS,  Agent, 

McGill  Building,  Washington,  D.  C. 


13 


From  "The  Churchman,"  May  10,  1919. 

A  PROBLEM  "OVER  HERE" 

BY  MATTHEW  K.  SNIFFEN 

Forty  years  ago  a  prediction  that  the  American  Indian  would 
some  day  fight  shoulder  to  shoulder  with  the  white  man  to  pre 
serve  our  civilization  would  have  met  with  derision.  Yet  today 
there  are  approximately  10,000  Indians  in  our  army  and  navy 
(mostly  volunteers),  who  have  done  their  part  in  the  gigantic 
struggle  to  make  the  world  safe  for  democracy.  Back  from  the 
firing  line,  thousands  of  them  have  shown  their  patriotism  in  other 
ways.  Their  subscriptions  to  the  four  Liberty  Loans  were  about 
$20,000,000;  they  have  been  industrious  in  Red  Cross  work  and 
other  war  activities,  and  responded  splendidly  along  agricultural 
and  stock-raising  efforts.  And,  strange  as  it  may  seem,  the  ma 
jority  of  these  Indians  do  not  enjoy  the  privileges  of  that  democ 
racy  for  which  they  have  worked  and  fought ! 

Because  of  the  magnitude  of  the  war,  some  home  problems  are 
in  danger  of  being  overlooked  by  the  people  of  the  country ;  and 
so  far  as  the  Indian  is  concerned,  that  is  exactly  what  certain 
exploiters  greatly  desire.  They  w^ill  not  neglect  the  opportunity 
that  such  a  situation  presents,  but  will  take  full  advantage  of  it. 

In  the  early  days  of  this  country  the  schemers  sought  to  despoil 
the  Indian  by  force;  by  inciting  outbreaks  and  causing  him  to  be 
"moved  on"  under  the  pretext  that  his  presence  was  a  menace 
to  the  peace  of  the  border.  Now  the  same  ends  are  often 
attempted  in  a  more  subtle  way — "under  cover  of  law,"  by  act  of 
Congress. 

Within  the  brief  limits  of  this  article  I  must  assume  that  the 
reader  possesses  a  certain  knowledge  of  the  subject;  that  he 
understands  the  past  blundering  and  plundering  policies;  how 
solemn  treaties  were  merely  "scraps  of  paper";  how  the  Indian 
service  was  cursed  by  politics;  how  the  guardian  government, 
through  indifferent  or  incompetent  employes,  allowed  the  ward 
to  be  robbed,  until  an  awakened  public  conscience  demanded  that 
the  Indian  be  treated  with  justice,  honesty  and  intelligence. 

3 


The  present  policy  is  jo  transform  the  Indian  into  a  law-abid 
ing  citizen,  and  yet  he  has  been  the  victim  of  the  most  brutal  and 
lawless  methods  on  the  part  of  those  who  sought  to  deprive  him 
of  his  rights.  Such  things  were  of  common  occurrence  in  the 
past,  but  what  about  the  present,  when  the  greatest  battle  in  the 
world's  history  has  decisively  refuted  the  doctrine  that  might  is 
right?  Let  me  answer  the  question  by  citing  three  cases  that  are 
now  engaging  our  attention. 

Recently  a  petition  reached  our  office  from  the  3,000  Navajo 
Indians  under  the  jurisdiction  of  the  Pueblo  Bonito  Agency, 
New  Mexico,  calling  attention  to  the  many  grievances  and  wrongs 
they  have  suffered  at  the  hands  of  a  small  group  of  American 
stockmen.  This  particular  section  has  been  the  home  of  a  por 
tion  of  the  large  Navajo  tribe  for  probably  a  century  or  more. 
The  present  generation  has  made  rapid  progress,  is  thrifty,  law- 
abiding  and  self-supporting,  and  their  industry  contributed 
largely  to  the  building  up  of  prosperous  towns  adjacent  to  their 
reservation,  where  many  Americans  have  amassed  comfortable 
fortunes  as  a  result  of  their  trade.  But  in  the  midst  of  this 
progress  the  stockmen  began  to  fence  in  many  miles  of  the  coun 
try,  monopolizing  the  Indian  lands,  driving  them  off  their  indi 
vidual  allotments,  and  when  that  action  was  resented  the  Indians 
were  threatened  and  intimidated.  Instead  of  resorting  to  force 
to  eject  the  intruders,  these  Indians  sum  up  their  case  in  the  fol 
lowing  simple  but  eloquent  manner: 

We  appeal  to  the  fair  and  unbiased  judgment  of  every 
loyal  American :  Is  it  right  to  intimidate,  terrorize,  and  en 
deavor  to  drive  out  3,000  self-supporting,  law-abiding 
Navajo  Indians,  with  their  flocks  and  herds,  for  the  sole 

benefit  of  ten  or  twelve  American   stockmen? 

We  ask  the  American  people  to  investigate  our  matters  here. 
Who  have  invested  the  most  money  in  Liberty  Bonds,  or 
contributed  the  most  to  the  Red  Cross  funds?  The  ten 
or  twelve  American  stockmen,  or  our  3,000  Navajo  Indians? 

A  representative  of  the  Indian  Rights  Association  visited  these 
Indians  last  fall  and  secured  first-hand  information  that  verifies 
their  statements.  The  matter  has  been  presented  to  the  authori 
ties  at  Washington,  but  legislation  may  be  required  to  secure  an 
adequate  adjustment  of  the  difficulties.  In  that  event,  will  not 
the  American  conscience  support  this  plea  for  justice?  It  was 

4 


Secretary  Stan  ton  who  said  to  Bishop  Whipple :  "  Congress  never 
redresses  a  wrong  until  the  people  demand  it." 

The  Mescalero  reservation,  in  New  Mexico,  is  a  tract  of  about 
300,000  acres,  and  the  home  of  625  Apache  Indians.  While  not 
adapted  to  agriculture,  the  country  is  fine  for  grazing  sheep  and 
cattle.  In  addition,  the  reservation  contains  standing  pine 
timber  worth  at  least  $3,000,000.  A  bill  is  now  pending  in 
Congress  that  proposes  arbitrarily  to  make  this  reservation  a 
national  park,  or  playground,  "for  the  benefit  and  enjoyment  of 
the  people  of  the  United  States."  The  consent  of  the  Indians 
has  not  been  asked,  nor  does  the  bill  provide  compensation  for  the 
confiscation  of  their  property. 

The  whites  of  that  section  are  not  suffering  for  pleasure 
grounds,  as  the  National  Forest  reserves  adjoining  the  Mescalero 
country  on  the  north  and  south  are  more  than  ample  for  their 
needs.  The  fact  that  the  senator  who  introduced  the  bill  has  a 
ranch  adjoining  the  reservation,  and  that  its  passage  would  un 
doubtedly  increase  the  value  of  his  private  interests,  makes  his 
advocacy  of  such  a  measure  indelicate,  to  say  the  least. 

Six  thousand  Pima  Indians  live  on  a  reservation  near  Phoenix, 
Arizona.  They  are  thrifty,  industrious  and  law-abiding,  and  it  is 
their  proud  boast  that  they  never  made  war  on  the  white  man. 
They  have  always  been  self-supporting,  and  ask  aid  from  no  one 
if  their  water  rights  are  respected.  The  country  is  hot  and  arid, 
and  without  irrigation  agriculture  is  a  failure.  By  reason  of 
priority  of  use,  these  Indians  have  the  first  legal  right  to  the  nor 
mal  flow  of  the  Gila  River,  but  the  whites  above  them  simply 
take  practically  all  the  water  regardless  of  that  fact.  During 
the  past  summer  I  visited  this  reservation,  and  also  went  over  the 
farming  region  above  it.  What  I  saw  clearly  answers  the  ques 
tion,  "Why  don't  the  Pimas  get  their  water?"  Along  the  Gila 
River  there  were  seven  diversion  dams  by  which  the  water  was 
carried  to  the  various  ranches  of  the  whites,  while  the  Indian 
ditches  were  bone  dry.  The  crops  of  the  former  were  prosper 
ous  looking,  but  on  the  reservation  the  Indians'  fields  were 
parched  and  ruined. 

The  Indian  Bureau  is  now  preparing  to  take  legal  action  to 
secure  an  equitable  division  of  this  water,  and  it  is  hoped  that 
something  will  be  accomplished  soon.  Meanwhile,  the  Pimas 
are  threatened  with  an  "inside"  danger.  A  former  superin- 

5 


tendent  of  the  Pima  Agency,  who  stands  high  in  the  councils  of 
the  Indian  Bureau,  recently  acquired  a  financial  interest  in  a 
large  ranch  that  joins  the  reservation.  This  gentleman,  who  is 
still  in  the  Indian  service,  has  a  thorough  knowledge  of  the  legal 
and  physical  aspects  of  the  question  at  issue,  and  he  has  probably 
been  advising  the  authorities  on  the  situation.  It  was  claimed  by 
friends  of  the  Pimas  that  this  ranch  was  unlawfully  diverting 
water  that  should  have  gone  to  the  Indians,  and  that  their  erst 
while  friend  knew  that  such  was  the  case.  Not  wishing  to  trust 
to  rumor,  I  interviewed  this  official  at  Phoenix,  when  he  not  only 
admitted  his  financial  interest  in  this  ranch,  but  he  acknowledged 
that  his  company  was  not  entitled  to  the  water;  that  they  knew 
it  belonged  to  the  Indians.  Notwithstanding  this  admission,  I 
saw  and  photographed,  not  one,  but  four,  diversion  dams  that 
this  company  had  built  across  the  Gila  River,  that  made  it  al 
most  impossible  for  any  water  to  reach  the  Indian  ditches  below. 

These  facts  were  presented  by  me  to  the  Indian  Bureau  upon 
my  return  from  the  west  a  few  months  ago  and  it  is  hoped  that 
the  conclusion  will  soon  be  reached  that  anyone  connected  with 
the  effort  to  protect  the  Pima  water  rights  should  be  above 
suspicion.  Certainly  he  should  not  be  allowed  to  "carry  water 
on  both  shoulders,"  for  thus  far  it  has  not  spilled  on  the  right  side. 
His  continuance  in  the  Indian  service  would  seem  to  be  untenable.* 
This  statement  is  hardly  a  matter  of  controversy,  but  an  attempt 
has  been  made  to  evade  the  real  issue  by  accusing  those  men 
tioning  it  of  being  pro-German !  How  appropriate  from  one  who 
adheres  to  the  Hun  doctrine  that  might  is  right! 

What  would  happen  if  these  schemers  attempted  to  dispossess 
white  settlers  of  their  rights  under  similar  circumstances?  Prob 
ably  armed  resistance  and  bloodshed,  if  past  history  has  any 
value;  yet  the  Indian,  instead  of  resorting  to  force,  is  trusting, 
with  child-like  faith,  that  his  rights  will  be  protected  by  the 
guardian  Government. 

In  spite  of  defects  in  administration  and  adverse  environment, 
the  Indian  has  made  rapid  progress  in  the  past  three  decades. 
He  is  now  in  a  transition  stage,  and  it  should  be  noted  that  he 
was  asked  to  do  more  than  was  ever  expected  of  the  white  man, 
namely,  to  take  a  step  in  a  generation  or  two  that  required  cen 
turies  for  the  Anglo-Saxon  race.  He  has  advanced  more  speedily 
*  Since  this  article  was  written  the  official  referred  to  has  resigned. 

6 


than  the  regulations  under  which  he  is  governed.  Secretary 
Lane  well  said:  "We  are  to  control  less  and  to  help  more.  Pa 
ternalism  is  to  give  way  to  fraternalism."  In  other  words, 
departmental  red  tape,  with  its  various  and  petty  restrictions, 
should  be  rapidly  reduced  and  not  increased. 

The  time  has  come  when  all  Indians  should  be  under  the  same 
law  that  governs  the  whites;  when  they  should  enjoy  all  the 
rights  of  that  democracy  which  they  have  helped  to  maintain. 
This  is  aimed  at  in  the  Carter-Heyden  bill,  now  pending  in  Con 
gress,  which  provides  in  its  opening  section  that  "every  Indian 
born  within  the  territorial  limits  of  the  United  States  is  hereby 
declared  to  be  a  citizen  of  the  United  States  and  shall  have  the 
benefits  of  and  be  subject  to  the  laws,  both  civil  and  criminal, 
of  the  state  or  territory  in  which  he  may  reside." 

I  do  not  want  to  close  this  article  without  merely  mentioning 
the  fact  that  the  efforts  of  the  Christian  missionaries,  the  de 
velopment  of  a  governmental  educational  system — and  especially 
the  pioneer  work  of  General  R.  H.  Pratt  at  Carlisle — together 
with  some  able  and  intelligent  men  and  women  in  the  Federal 
Indian  service,  have  done  much  to  bring  about  this  advance  of  the 
Red  Man. 

Another  factor  that  should  not  be  overlooked  is  the  Indian 
Rights  Association,  which  was  organized  thirty-six  years  ago  (as 
a  result  of  Bishop  Hare's  invitation  to  Herbert  Welsh  and  Henry 
S.  Pancoast  to  visit  the  Sioux  country),  to  produce  "such  public 
feeling  and  congressional  action  as  shall  secure  to  our  Indian 
population  civil  rights  and  general  education,  .  .  .  and  in 
time  bring  about  the  complete  civilization  of  the  Indians  and  their 
admission  to  citizenship."  In  the  beginning  of  its  work,  the  late 
General  Armstrong,  the  founder  of  Hampton  Institute,  suggested 
a  policy  that  has  been  strictly  adhered  to  by  the  Association, 
namely,  a  first-hand  study  of  actual  conditions  by  frequent  visits 
to  the  reservations,  and  on  the  basis  of  the  information  thus 
gathered,  appeal  to  the  proper  authorities  and  the  public.  The 
effect  of  these  efforts  is  summarized  in  a  statement  written  by 
Bishop  Hare  shortly  before  his  death,  as  follows: 

The  Indian  Rights  Association  as  a  free  and  independent 
society  has  given  to  the  cause  of  Indian  rights  disinterested 
ability  of  a  high  order.  It  has  brought  to  light  hidden  things 
of  darkness.  It  has  made  officials  feel  that  thev  were  under 


the  public  eye.  It  has  made  ears  attentive  to  cries  for  help 
which  otherwise  had  been  deaf,  and  it  has  given  faithful 
officials  the  reward  and  help  of  knowing  that  they  would 
have  in  all  their  right  measures  strong  public  backing.  With 
out  it  the  friends  of  the  Indian  would  feel  that  by  definite, 
earnest  effort  they  could  accomplish  but  little  and  were  beat 
ing  the  air. 

While  much  has  been  accomplished,  the  work  is  by  no  means 
completed,  and  it  will  undoubtedly  be  needed  for  many  years  to 
come.  Final  success  cannot  be  achieved  in  the  twinkling  of  an 
eye;  the  process  of  the  Indian's  absorption  into  our  body  politic 
must  necessarily  be  gradual^  because  of  varying  conditions;  but 
the  ultimate  end  will  be  greatly  helped  if  democracy  at  home  is 
made  safe  for  him. 


Any  one  wishing  to  help  our  work  is  invited  to  become 
a  member  (Life,  $25;  annual,  $2)  or  to  send  us  a  donation. 

HERBERT  WELSH,  President  I.  R.  A., 

995  Drexel  Building,  Philadelphia,  Pa. 


